Covenant Regarding Real Property 2013-0652798i
RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 320 - 020 -27
COVENANT REGARDING REAL PROPERTY
Nathan C. and Rachel Cannon, husband and wife as joint ten ants.( "OWNER ",he rein after), are
the owners of real property commonly known as 11545 Creek Road ( "PROPERTY hereinafter) and
more fully described in the legal description attached hereto as Exhibit ,A and madea part hereof.
In consideration of the approval of a Building Permit to construct a guest house at the above -
referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the guest
house shall never have kitchen facilities installed and that the guest.house will not be rented or leased
as a separate unit.
This Covenant shall run with the land and be binding upon and inure to the benefit of future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the.
— respective parties. _
In the event that a Building Permit is never obtained to construct the proposed guest house at
the request of the OWNER, the CITY shall expunge this Covenant from the record title of the
PROPERTY.
If either party is required to incur costs to enforce the provisions of this Covenant, the
prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
OWNER:
Dated: /' 0 -2Z - 13 414� C. Cow ✓
Nathan C. Cannon, Owner (Notorize)
Dated: ��,aa 3 C(u to \ � ' ��t \ '
Rachel L. Cannon (Notorize)
p CITY OF POWAY::
Dated: �d 0 �3 By: lwed '
obert J. Ma s
Director of Development
13-090
D 0 G ##
2013-0652798
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II III III III IIII
VIII I I II III IIII III III III
OCT 31,
2013 10:08 AM
OFFICIAL RECORDS
SAN DIEGO
COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES:
21.00
IIIIIII( IIIIVIIIVIIIVIII(
PAGES: 3
IIIIVIIIVIIIVIIIVIII (IIII(IIIIVIIIVIIIVIIIIIIIIIII
COVENANT REGARDING REAL PROPERTY
Nathan C. and Rachel Cannon, husband and wife as joint ten ants.( "OWNER ",he rein after), are
the owners of real property commonly known as 11545 Creek Road ( "PROPERTY hereinafter) and
more fully described in the legal description attached hereto as Exhibit ,A and madea part hereof.
In consideration of the approval of a Building Permit to construct a guest house at the above -
referenced property by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees that the guest
house shall never have kitchen facilities installed and that the guest.house will not be rented or leased
as a separate unit.
This Covenant shall run with the land and be binding upon and inure to the benefit of future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the.
— respective parties. _
In the event that a Building Permit is never obtained to construct the proposed guest house at
the request of the OWNER, the CITY shall expunge this Covenant from the record title of the
PROPERTY.
If either party is required to incur costs to enforce the provisions of this Covenant, the
prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
OWNER:
Dated: /' 0 -2Z - 13 414� C. Cow ✓
Nathan C. Cannon, Owner (Notorize)
Dated: ��,aa 3 C(u to \ � ' ��t \ '
Rachel L. Cannon (Notorize)
p CITY OF POWAY::
Dated: �d 0 �3 By: lwed '
obert J. Ma s
Director of Development
13-090
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State of California
County of'— L )/ 1
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On OCTO � ZZ, 0�'& before me, G 1511VIA6V
Here Insert Na. a tl l
personally appeared f�AT� �A/y �• 1 %��/d0/y
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PHYLLIS SHINN
54C'Mnusslon # 1956215
`� Notary Public - California g
San Diego County
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Place Notary Seal Above
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) (/are subscribed to the
within instrument and wedged to me that
WsKe/they executed the same in hi�/hb4Ltheir authorized
capacity(ies), and that by hiVW/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my ha and officials af.
Signature
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document: t-PVZ- /VHiT// 11 G4,77c41 N tiPnL- / /GVrCiG
Document Date: AC rD /� ZZ, 0 0 12 / /— Number of Pages:
Signer(s) Other Than Named Above: B T J
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
Cl Corporate Officer —Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT.THUMBPR_INT„
OF SIGNER
Signer's Nal
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
C, Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIIGHTTHUMBPRINT
OF SIGNER
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Exhibit "A"
All that certain real property situated in the County of San Diego, State of California,
described as follows:
That portion of the West Half of the Northeast Quarter of Section 26, Township 14 South, .
Range 2 West, San Bernardino Base and Meridian, in the County of San Diego, State of
California, according to United States Government Survey, described as follows:
Commencing at the North Quarter corner of said Section 26; thence along the North -South
center line of said Section 26, South 00 040'23" East, 729.23 feet to the center line of Creek
Road as shown on Record of Survey Map No. 5924, filed in the Office of the County
Recorder of San Diego County, August 7, 1961; thence along said center line South
65 016'07" East, 23.85 feet to the beginning of a tangent 573.51 foot radius curve therein;
thence Southeasterly along the arc of said curve through a central angle of 23 004'00" a
distance of 230.89 feet; thence tangent toL said curve South 42 012'07" East, 784.27 feet to
the True Point of Beginning; thence North 47 047'53" East, 30.00 feet to the Northeasterly
line of said Creek Road; thence North 89 041'24" East, 540.70 feet to the Easterly line of
the Northwest Quarter of the Northeast Quarter of said Section 29; thence along said
Easterly line South 00 °31'02" East, 943.33 feet to the Northerly line of the land described in
Lis Pendens in Case No. 162, District Court of the United States, in and for the Southerly
District of California, Southerly Division, recorded April 14, 1942 in Book 1328, Page 475 of
Official Records; thence along said Northerly line North 72 °32'11" West, 56.52 feet to the
center line of said Creek Road; thence along said center line as follows: North 01 044'29"
West, 267.02 feet to the beginning of a tangent 200.00 foot radius curve concave
Southwesterly; Northwesterly along the arc of said curve through a central angle of
40 °27'38" a distance of 141.23 feet; and tangent to said curve North 42 012'07" West,
681.24 feet to the True Point of Beginning.
Assessor's Parcel Number: 320 - 020 -27 -00